slcc

Much has been said about the SLCC's policies on Metaversed, both in writing and through recent podcasts. Of course, we're far from the only ones; the public outcry has been constant and overwhelming across the blogosphere for months.

Does this resolve the issue?

Hello,

My name is Taco Rubio, and I am the CEO/Founder of Phreak Radio. I wanted to send a few words out along with this audio waiver, to explain some things, and I appreciate your time.

This has been an incredibly complicated process for us at Phreak and for The Future United, and I realize it's been a frustrating time for you all. I'd like to apologize for any surprise, resentment, hurt feelings, confusion, or frustration that this process has caused for you.

When we signed the initial contract with The Future United back in April, we did so with the agreement that we'd stream you all (and the entire conference) in exchange for the rights to recordings. We left that as vague as we could, as we had to do a lot of research with what we could and couldn't do with them. This was mainly to cover ourselves; for example a big question was "If one of these musicians makes it big in 2 years, can they sue us for broadcasting or re-broadcasting their music?" as was "Who would pay the royalties for a re-broadcast?"

We wrote the initial waiver the same way, using a boilerplate exclusivity form. Please bear in mind that we did not know, when the initial waiver went out, that this entire agreement was news to you - we are a hired contractor, and in our minds thought this was the final legal check-off in a long process, not the first notice. I apologize for that as well, and understand the hurt and frustration that caused.

In retrospect, it's perfectly understandable that you'd be upset about this. We got a lot of questions sent to us, such as "will this be cut up and sampled into other music?" and my favorite, "will this end up in a porn?" We couldn't believe our intent was so misjudged, so at that point we asked TFU to rewrite a waiver that covered our contract, our safety, and yet allowed us to stream you all, and rebroadcast you. I know that many of you shared your concerns with TFU, and I can't thank you enough for your incredible patience.

Attached is the new audio release form. I am certain that it will be closely examined, but in case anybody isn't great at reading legalese, here are the main points:

Phreak has the right to broadcast and record all music at SLCC, without having to pay you to do so.

Phreak will then transfer the rights to a Creative Commons Work release, and upload the music to archive.org. At that point it will be freely downloadable to the public, in perpetuity.

This was the best way we could think of to do our mission: to stream you all, record it all for posterity, and to make it available to people, while legally covering ourselves, you, and TFU.

That's it. I’d like to again thank you, as well as all the members of TFU, for your patience, understanding, and help in getting this waiver organized. I hope to meet you all at SLCC! I'll be the stressed out looking geek :)

Cheers,
Taco Rubio

CEO/Founder, Phreak Radio

The following was dropped anonymously in the Metaversed mailbox just 5mins ago. At first glance, it looks like they just played around with the wording. Let me know what you think:

SECOND LIFE COMMUNITY CONVENTION
PANELIST / PERFORMER RELEASE FORM

This Release (the “release”) is entered into by The Future United, a New York non-profit corporation, Phreak Media, a Delaware Limited Liability Corporation (“Phreak Media”), and the undersigned under the jurisdiction of the state of Illinois.

WHEREAS, The Future United (“TFU”) runs a yearly convention called the Second Life Community Convention (the “SLCC”), which this year is being held from August 24th-26th, 2007 in Chicago, and

WHEREAS, Phreak Media, LLC (“Phreak Media”) runs an Internet radio station geared towards the Second Life Community known as Phreak Radio, and

WHEREAS, TFU has engaged Phreak Media, LLC, as one of the only entities with the capacity and capability to broadcast the SLCC over the Internet into Second Life, to broadcast several simultaneous audio “streams” over the Internet and into Second Life, and

WHEREAS, the undersigned is a performer or panelist at SLCC,

NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, the undersigned, Phreak Media, and TFU, intending to be legally bound, hereby agree as follows:

1. Phreak Media is granted an exclusive, perpetual, world wide license to broadcast, record, distribute, and/or publish any audio from a panel or performance in which the undersigned is included during the course of official SLCC events between August 24th-26th, 2007, however, rights to any intellectual property (including, but not limited to, songs or passages quoted from books) remain the property of the original Copyright holder.
2. Phreak Media will have the sole right to approve or inspect the quality of the live audio and/or audio recordings or any printed or electronic matter that may be used in conjunction with them, except where it contravenes the rights of the licensor in paragraph 1 or misrepresents the original purpose and form of the performed work. Phreak Media has the right to edit for time, size or any other logistic concerns.
3. Phreak Media will give credit, in full, to all performers or panelists in each instance of a rebroadcast, either “on air” or in writing.
4. Phreak Media will provide, free of charge, to the undersigned a copy of the recording of their performance for their own use, where that use does not infringe the rights otherwise granted to Phreak Media elsewhere in this document.
5. In conjunction with their contract with the Chicago Hilton, no other recordings of full panels, performances, or events will be allowed by TFU, in accordance with union labor regulations by an organization. TFU and Phreak Media acknowledge and respect panelists and performers unique talents, and will perform their duties in regards to the SLCC to the best of their abilities, and not allow anyone else the right to fully record, broadcast, or distribute performances or panels at the SLCC, especially in regards to any type of bootlegging. Short audio and video clips used by the press, documenters, “bloggers” or any other recording party shall have the clips used limited to 2 minutes.
6. The undersigned will be given a full access entry ticket to the convention (typically $190.00) for the discounted rate of $50.00
7. The undersigned acknowledges that he or she is at least 18 years of age and competent to sign this release.

The Agreement sets forth the entire understanding of the parties hereto, supersedes and prior agreements, negotiations and understandings of the parties relating to the subject matter hereof and may not be changed and no provision hereof may be waived except by a writing signed by all of the parties hereto. In connection with entering into this Amendment or the Agreement, the parties specifically disclaim reliance on any and all oral or written representations, statements, warranties or covenants that are not contained in the Agreement or this Amendment.

I, the undersigned, acknowledge that I have read this release before signing, I understand its contents fully, and freely accept the terms.

Name (Print): _______________________________________________

Signature: __________________________________________________ Date: ___________

Email Address: ______________________________________________

Avatar Name: _______________________________________________

Second Life's SLCC mixed reality community event has been a hot topic of late. Since the publication of a "community standards agreement" which among other things prohibits the recording of panels, even by the panelists themselves, residents have been in uproar. The overbearing, restrictive rules being imposed upon attendees is not the only point of contention however. The question monopolization, and the "non profit" status of the organizers, Future United and their partners Phreak Radio, (who have exlusive rights to everything panelists and musicians produce at the show), was called into question today by vocal critic, Prokofy Neva.

Live Musicians are up at arms at the unconscionable contract foisted on them from this thinly-disguised "non-profit" and "community" entity (Scare quotes are definitely required for all these so-called outfits claiming falsely and wrongly to represent the large loosely-knit communities sharing the virtual space of Second Life). Business panelists are surprised to learn they can't tape themselves even if presenting, that some unnamed ones of their number don't want to be taped *at all*, and that their papers, ostensibly submitted to a professor to be peer-reviewed and published in a scholarly journal, are also to become the unrevocable and perpetual property of these "community entities".

From conversation I've had both privately, and publically, though not on this site, it's clear to me that this event is being organized by a bunch of poo throwing monkeys. The entire event is becoming a sham, and I think that not only do the organizers need to backpeddle very, very rapidly on the comedy of errors their poor public relations and community skills have produced, they also owe the community an unresevered apology.

Normally I'm not inclined to speak out on such events here at Metaversed, but this is beyond insult. Though I won't be attending, I feel that as a member of the larger community of residents in general, I should make clear how I feel.

Hope I wasn't to ambiguous...